STEVE COHEN COMMITTEE ON THE JUDICIARY

9TH DISTRICT, TENNESSEE SUBCOMMITTEES: 2104 RAYBURN HOUSE OFFICE BUILDING Congress of the CHAIR – CONSTITUTION, CIVIL RIGHTS AND WASHINGTON, DC 20515 CIVIL LIBERTIES House of Representatives COURTS, INTELLECTUAL PROPERTY, AND THE TELEPHONE: (202) 225-3265 INTERNET Washington, DC 20515-4209 CRIME, TERRORISM AND HOMELAND SECURITY FAX: (202) 225-5663 ______COMMITTEE ON TRANSPORTATION AND INFRASTRUCTURE 167 NORTH MAIN STREET SUITE 369 SUBCOMMITTEES: MEMPHIS, TN 38103 AVIATION HIGHWAYS AND TRANSIT TELEPHONE: (901) 544-4131 RAILROADS, PIPELINES AND HAZARDOUS FAX: (901) 544-4329 MATERIALS ______

WWW.COHEN.HOUSE.GOV COMMITTEE ON SCIENCE, SPACE March 23, 2020 AND TECHNOLOGY

SUBCOMMITTEES: INVESTIGATIONS AND OVERSIGHT RESEARCH AND TECHNOLOGY ______

COMMISSION ON SECURITY AND COOPERATION IN EUROPE (U.S. HELSINKI COMMISSION)

White House Coronavirus Task Force Vice President , Chairman 15 Independence Avenue, SW Washington, DC 20515

Dear Vice President Pence,

As the coronavirus (COVID-19) continues to spread within communities, too often going undetected, we write to seek answers as to why states have been and continue to be unable to access the necessary supplies to conduct tests approved by the Centers for Disease Control and Prevention (CDC). The delay in access to accurate test kits has, and will continue to, come at the cost of human life.

The World Health Organization (WHO) released guidance on January 17, 2020 with instructions on how to manufacture COVID-19 tests. On the same day, Dr. Nancy Messonnier, Director of the National Center for Immunization and Respiratory Diseases, claimed the CDC had a test prepared and the WHO guidance would not be used.1 As you know, the White House Coronavirus Task Force was established on January 29, 2020.

1 Arman Azad. CNN. “WHO and CDC never discussed providing international test kits to the US, global health agency says.” https://www.cnn.com/2020/03/18/health/who-coronavirus-tests-cdc/index.html. 1

The CDC’s tests were distributed February 5, 2020. By February 6, 2020, the WHO shipped 250,000 tests to more than 70 international laboratories.2 Nearly a month later, on March 1, 2020, the CDC announced its initial test was inoperable. The WHO guidance was again seemingly not consulted. Test kits were not available in all 50 states or Washington, D.C. until March 9, 2020. 3 At this time, nearly 500 Americans have died from COVID-19.4

It is essential we understand how this occurred so that, as we work to flatten the curve of infection, fund vital medical research, provide hospitals with essential supplies and protect health care workers, we may operate with a full understanding of the Administration’s decision-making process. Please provide responses to the following:

1. After the CDC’s first test failed, was there consideration to incorporate the WHO’s test guidance? If yes, what led to the decision to continue without incorporating guidance? If no, what was the calculation that a national delay in testing distribution was the best option?

2. Dr. , White House's coronavirus response coordinator, indicated that the WHO’s test was inaccurate. When clarifying she was referring to a different test, she said: “I assume it [the WHO test] is functional.”5 Did any member of the Task Force consult the evidence of the accuracy of the WHO test before declining to incorporate it?

3. On Monday, March 16, 2020, the U.S. Air Force delivered 500,000 swabs for COVID-19 testing kits from Italy to Memphis, Tennessee for distribution.6 These swabs, along with viral transplant media, are essential components for COVID-19 testing. As more Americans require testing for COVID-19, what is the Administration doing to ensure medical facilities are fully-stocked, including partnering with other countries?

4. At what time does the Task Force anticipate test kits, personal protection equipment (including N95 masks, gloves, gowns), and hospital equipment (including ventilators and respirators) to be widely available?

2 Peter Whoriskey and Neena Satija. Washington Post. “How U.S. coronavirus testing stalled: Flawed tests, red tape and resistance to using the millions of tests produced by the WHO.” https://www.washingtonpost.com/business/2020/03/16/cdc-who-coronavirus-tests/. 3 Arman Azad. CNN. “WHO and CDC never discussed providing international test kits to the US, global health agency says.” https://www.cnn.com/2020/03/18/health/who-coronavirus-tests-cdc/index.html. 4 Madison Holcombe and Holly Yan. CNN. “US surgeon general warns 'this week, it's going to get bad' as hospitals struggle to keep up with new coronavirus cases.” https://www.cnn.com/2020/03/23/health/us-coronavirus-updates- monday/index.html.. 5Arman Azad. CNN. “WHO and CDC never discussed providing international test kits to the US, global health agency says.” https://www.cnn.com/2020/03/18/health/who-coronavirus-tests-cdc/index.html. 6 Marcus Weisgerber. DefenseOne. “US Air Force Flew Half a Million Coronavirus Test Swabs From Italy to Tennessee.” https://www.defenseone.com/threats/2020/03/us-air-force-flew-half-million-coronavirus-test-kits-italy- tennessee/163879/

2

In uncertain times such as these, transparency must be our guide to swift and decisive action. Our health care professionals must have robust support to combat this virus. We appreciate your urgent attention to these matters.

Sincerely,

Steve Cohen Member of Congress

/s/ /s/ /s/ Jesús G. “Chuy” García Jim Cooper Abigail D. Spanberger Member of Congress Member of Congress Member of Congress

/s/ /s/ /s/ Grace F. Napolitano Ro Khanna Zoe Lofgren Member of Congress Member of Congress Member of Congress

/s/ /s/ /s/ Deb Haaland Eleanor Holmes Norton Katie Porter Member of Congress Member of Congress Member of Congress

/s/ /s/ /s/ Juan Vargas James P. McGovern Stephen Lynch Member of Congress Member of Congress Member of Congress

/s/ /s/ /s/ Frederica S. Wilson Debbie Mucarsel-Powell Norma J. Torres Member of Congress Member of Congress Member of Congress

/s/ /s/ /s/ Nydia M. Velázquez Haley M. Stevens Joyce Beatty Member of Congress Member of Congress Member of Congress

/s/ /s/ /s/ Ted Deutch Brad Sherman Matt Cartwright Member of Congress Member of Congress Member of Congress

3

/s/ /s/ Peter Welch /s/ Mike Levin Member of Congress Harley Rouda Member of Congress Member of Congress /s/ /s/ Tony Cárdenas /s/ Filemon Vela Member of Congress Yvette D. Clarke Member of Congress Member of Congress /s/ /s/ Mike Quigley /s/ Jim Himes Member of Congress Marcia L. Fudge Member of Congress Member of Congress /s/ /s/ Karen Bass /s/ John Yarmuth Member of Congress Vicente Gonzalez Member of Congress Member of Congress /s/ /s/ Debbie Wasserman /s/ Alan Lowenthal Schultz Bobby L. Rush Member of Congress Member of Congress Member of Congress

/s/ /s/ /s/ John B. Larson Peter A. DeFazio Terri A. Sewell Member of Congress Member of Congress Member of Congress

/s/ /s/ /s/ Alcee L. Hastings Colin Allred Lois Frankel Member of Congress Member of Congress Member of Congress

/s/ /s/ /s/ Darren Soto Raúl M. Grijalva Henry C. “Hank” Johnson, Member of Congress Member of Congress Jr. Member of Congress

/s/ André Carson Member of Congress

4